Following is a question by the Hon Dennis Kwok and a written reply by the Secretary for Security, Mr John Lee, in the Legislative Council today (March 28):

Question:

     The Government has adopted a new form of smart Hong Kong identity cards (HKICs), and will commence a territory-wide HKICs replacement exercise (replacement exercise) in the fourth quarter of 2018. Section 7B(3) of the Registration of Persons Ordinance (Cap 177) provides that any person who is a holder of identity card and fails, without reasonable excuse, to apply for a new identity card within the period specified by the Secretary for Security commits an offence and is liable to a fine at level 2 (i.e. $5,000). Also, paragraph 7 of Schedule 1 to the Immigration Ordinance (Cap 115) provides that a Hong Kong permanent resident (HKPR) who is not of Chinese nationality or a child of such HKPR under 21 years of age may lose the HKPR status under certain circumstances (e.g. having been absent from Hong Kong for a continuous period of not less than 36 months since he/she ceased to have ordinarily resided in Hong Kong). In this connection, will the Government inform this Council:

(1) whether it will examine, during the replacement exercise, if applicants for new HKICs have lost their HKPR status; if so, of the details of the examination and whether it will inform the public of such details; if it will not inform the public, the reasons for that;

(2) of the respective numbers of prosecutions instituted and persons convicted for failure to apply for replacement of their HKICs within the periods specified in the last replacement exercise conducted from 2003 to 2007; and

(3) whether the Government has plans to step up public education on the legal consequence of failure to apply for replacement of their HKICs within the periods specified by the Secretary for Security; if so, of the details; if not, the reasons for that?

Reply:

President,

     The Immigration Department (ImmD) is developing the Next Generation Smart Identity Card System (SMARTICS-2) to address the obsolescence of hardware and software of the existing Smart Identity Card System, and to introduce the new smart Hong Kong identity cards (HKICs) so as to avoid the emergence of a large number of damaged or defective HKICs in a short period of time. A one-off territory-wide identity card replacement exercise will be launched by end of 2018 when all smart HKIC holders will be invited by phases to have their existing HKICs replaced in an orderly manner. Subject to actual progress, the exercise is expected to last until 2022.

     Our reply to the questions raised by Hon Dennis Kwok is set out below.

(1) A person's eligibility for the permanent resident status is a matter of fact to be determined in accordance with the law. Same as the last identity card replacement exercise, except in a situation involving a change of circumstances falling within paragraph 7 of Schedule 1 to the Immigration Ordinance, persons who are holding the existing permanent identity cards will in the upcoming territory-wide identity card replacement exercise continue to be eligible for the new form of permanent identity cards. During the card replacement exercise, ImmD will remind applicants of the above provisions. Applicants will be invited to inform ImmD of any change in their permanent resident status, if applicable. For those who do not report any change in circumstances, their permanent resident status would not specifically be questioned and their applications for a new identity card will be processed in the normal manner.

(2) By December 2017, 11 persons were prosecuted and convicted for failing to apply for new HKICs, without reasonable excuses, within the specified period in the previous identity card replacement exercise.

(3) A comprehensive publicity programme through various means (such as advertisement on television, radio, newspapers, online platforms, public transportations and billboards, roving exhibitions, posters and pamphlets, etc.) will be in place to publicise and explain the details of the replacement exercise to the general public, including the replacement sequence and locations, and their obligations, before the start of and throughout the identity card replacement exercise.

Ends/Wednesday, March 28, 2018
Issued at HKT 14:50

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